Road safety disqualification notices and restricted licences

If you have been issued a road safety disqualification notice, you cannot apply for a restricted licence while the notice is in force. However, there are ways to have the notice removed — including appealing to the Magistrates Court on hardship grounds.

Not everyone charged with a drink or drug driving offence receives one of these notices. They are issued by police in specific circumstances. Most people who apply for a restricted licence do so while their charges are still pending, without a notice standing in the way.

This page explains when these notices are issued, why they block a restricted licence application, and what you can do about it.

A road safety disqualification notice is an immediate disqualification from driving, issued by police at or shortly after the time of the alleged offence. It takes effect before your matter goes to court and is separate from any disqualification a court may later impose as part of your sentence.

Under section 18B(1) of the Road Safety (Alcohol and Drugs) Act 1970, a notice can be issued when a police officer reasonably believes that a person has:

• Committed a DUI offence under section 4
• Committed a drink driving offence under section 6 with a reading of 0.15 or above (full licence) or 0.07 or above (provisional or learner licence)
• Committed a subsequent drink or drug driving offence (repeat offender)
• Failed or refused to provide a breath, blood, or oral fluid sample

If your situation does not fall into one of these categories, you would not normally receive a notice. In particular, first-offence drink driving under 0.15 on a full licence and drug driving charges do not typically result in a notice being issued.

Section 18(2)(c) of the Vehicle and Traffic Act 1999 provides that a person who is disqualified from driving in accordance with a road safety disqualification notice is not entitled to apply for a restricted driver licence.

This bar applies only while the notice is in force. Once the notice is removed — whether by the court, by appeal, or because it has expired — the bar falls away.

A road safety disqualification notice does not necessarily last until your court case is finalised. There are several ways it can come to an end:

• Appeal to the Magistrates Court (s 18E). You can appeal the notice on the ground that it causes you severe and unusual hardship, or that there are other special circumstances why it should not have been given. If the court is satisfied, it can cancel the notice.
• Court cancellation (s 18D(3)). If you are before a court for any reason related to the alleged offence, the court can cancel the notice if satisfied that you would suffer severe and unusual hardship, or that it is appropriate to do so having regard to the public interest and any special circumstances.
• Cancellation by the Commissioner of Police (s 18D(1)). The Commissioner may cancel a notice at any time by written notification.
• Expiry of the minimum period (s 18B(5)). The disqualification under the notice lasts until whichever comes first: the court determines the charge, or the minimum disqualification period set out in the notice expires.
• Court determination of the charge (s 18B(5)). Once the court finalises your matter, the notice is resolved. The court will take into account the time you have already served under the notice when fixing any disqualification period as part of your sentence.

The appeal and court cancellation options are particularly important. If you are experiencing hardship because of the notice — for example, you cannot get to work or meet family responsibilities — a lawyer can help you apply to have the notice cancelled before your case is finalised.

Once the notice is no longer in force, the section 18(2)(c) bar falls away and you may be able to apply for a restricted licence. However, whether you are eligible depends on the status of the underlying charge and the other eligibility criteria.

In many cases, the circumstances that led to the notice — such as a high BAC reading, a DUI charge, or a refusal — will also trigger separate bars under section 19(1A) of the Road Safety (Alcohol and Drugs) Act. This means that even after the notice is removed, the underlying offence may still prevent a restricted licence application.

That said, not every case results in a conviction on the original charge. If the charge is withdrawn, reduced, or results in a lesser finding, those separate bars may not apply. A lawyer can assess your prospects based on the specifics of your case.

If you have been issued a road safety disqualification notice and need to drive, the most immediate option is to explore having the notice cancelled or appealed on hardship grounds. This is something we can help with.

If the notice has already expired or been removed, you can use our eligibility checker to assess whether a restricted licence may be available based on the underlying offence and your circumstances.